top gay immigration lawyers in texas

Houston Same Sex & Gay Marriage Immigration Lawyers

by

Same Sex & Gay Marriage Immigration Lawyers

Same-sex legally married couples have had access to federal benefits that opposite-sex couples have ever since DOMA was found to be unconstitutional by the Supreme Court in 2013. After the court’s decision the then DHS secretary Napolitano directed U.S. Citizenship and Immigration Services (USCIS) to review immigration Visa Petitions filed by a same-sex spouse the way they did for opposite-sex spouses. The new policy applies worldwide even if one of the spouses comes from a country where same-sex marriage is illegal.

See also…”Immigration Lawyer Houston – Cost & Fees”

Voted “Best Houston Immigration Attorney“

What This Means For Legally Same-Sex Married Couples

The implication of the Supreme Court’s decision for legally married same-sex couples include:

  • A U.S. Citizen or Lawful Permanent Resident spouse may file a petition for a Green Card on behalf of their same-sex spouse. They married couple will have to prove bona fide evidence of their relationship
  • A U.S citizen can sponsor their fiancé for a K1 Visa and their spouse for a K3 Visa. There are requirements that need to be met for these Visas
  • Same-sex spouses and their children are eligible for NIV derivative Visas. Children of the foreign spouse are considered step children of the spouse that is a U.S. Citizen
  • Same-sex spouses can now serve as qualifying relatives for inadmissibility waivers, requests of prosecutorial discretion, and cancelation of removal proceedings

You will need a lawyer to go through all these benefits in detail, if you are thinking of sponsoring your spouse for permanent residency in the U.S., or for a Visa.  Your lawyer will also give you a more detailed explanation about these benefits. Remember that you will still be required to prove that you are legally married before your foreign spouse can enjoy any of the marriage based immigration benefits.

Requirements For Marriage Based Immigration Visa For Same-Sex Couples

top gay immigration lawyers in texasSome of the requirements for same-sex couples that intent to marry or are already married include:

  • The couple must have been married in a country that recognizes same-sex marriage as valid
  • Only the spouse who is a U.S. citizen can file a petition for their fiancé that is abroad to be allowed to come to the United States so that they can get married
  • The couple has to marry within 90 days from the date the foreign fiancé arrives in the United States
  • If they are already married, they must be able to provide evidence to prove that that the marriage is legal and legitimate

There are more detailed requirements that your lawyer can explain to you at length.

Why You Need A Lawyer

Same-sex and opposite-sex spouses can be denied a visa for several reasons. For example, filing the wrong documents during visa application or having a history of immigration fraud may lead to a spouse being denied a Visa. Your lawyer can help you navigate these situations with ease. If you have not applied for a Visa for your foreign spouse or fiancé because you fear discrimination, you should consult an immigration lawyer. Your lawyer will always be by your side to ensure that you are not denied a Visa because of someone else’s personal beliefs about your sexuality or marriage.

You May Also Be Interested In…

  1. Marriage Fraud Waiver & Immigration
  2. H1B Visas
  3. Houston Green Card Attorney
  4. Immigration Twitter Account